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E.R.Squibb & Sons Llc vs Union Of India on 5 January, 2026

(c)No.12105/2019, order dated 17.03.2023, in support of the contention that the legal framework of the Patents Act and rules framed thereunder do not permit parties to challenge the recommendations of the Opposition Board because the Controller is not bound by such recommendations. For the same principle, learned counsel also relied upon the judgment of the Delhi High Court in Novo Nordisk AS v. Union of India and others, 2022 (92) PTC 315[Del].
Madras High Court Cites 16 - Cited by 0 - Full Document

Ashok Leyland Limited vs The Controller Of Patents & Designs on 15 March, 2024

(d) The petition is not maintainable, since there cannot be a challenge to the recommendations of the Opposition Board since the Controller has a duty to take an independent call on the issue before him. Hence, the Court may not preempt the Controller as to how how he may weigh the OBR at this stage. Reliance was placed on the ratio of the order of the Delhi High Court in Willowood Chemicals Private Limited Vs Assistant Controller of Patents and Designs & Anr [W.P.(C)-IPD 15/2023 & CM No.34-35/2023]; Pharmacyclics LLV Vs Union of India and others [W.P.(C) 12105/2019 & CM Appls.49593 to 49595 of 2019], and Novo Nordisk A S Vs Union of India and others [W.P.(C)-IPD 19/2022 & CM 68-69/2022]. 7/12 https://www.mhc.tn.gov.in/judis
Madras High Court Cites 10 - Cited by 0 - N Seshasayee - Full Document

Ashok Leyland Limited vs The Controller Of Patents & Designs on 15 March, 2024

(d) The petition is not maintainable, since there cannot be a challenge to the recommendations of the Opposition Board since the Controller has a duty to take an independent call on the issue before him. Hence, the Court may not preempt the Controller as to how how he may weigh the OBR at this stage. Reliance was placed on the ratio of the order of the Delhi High Court in Willowood Chemicals Private Limited Vs Assistant Controller of Patents and Designs & Anr [W.P.(C)-IPD 15/2023 & CM No.34-35/2023]; Pharmacyclics LLV Vs Union of India and others [W.P.(C) 12105/2019 & CM Appls.49593 to 49595 of 2019], and Novo Nordisk A S Vs Union of India and others [W.P.(C)-IPD 19/2022 & CM 68-69/2022]. 7/12 https://www.mhc.tn.gov.in/judis
Madras High Court Cites 10 - Cited by 0 - N Seshasayee - Full Document
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